Graciano Case • Reason for law is order maintenance • Stopped by police by border, using profiling/experience/knowledge • Arrested for stolen vehicle found after pulled over • Graciano argued 4 th amendment was violated, illegal search and seizure • Officer pulled over on a hunch, based on past experiences and data on stolen vehicles • Graciano won because of violation of 4 th • Made so cops don’t have free power Daubert • Laws manage factual disputes • Pregnancy pill taken says no birth defects born child with birth defect • Sued merrell on strict liability – absolute duty one party owes to another to protect safety, medication test • Strict liability does not rely on negligence and intent to harm • Factual dispute where facts argued, arguments with parents • Dow Pharm. Did two tests for drug • Two tests showed no harmful side effects • Two tests were found to be not sufficient enough to find side effects in drug • Staples/Carl animal test, rats showed negative while rabbits showed positives

This preview
has intentionally blurred sections.
Sign up to view the full version.